Federal Register: November 6, 2009 (Volume 74, Number 214)
DOCID: fr06no09-9 FR Doc E9-26824
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 721
RIN ID: RIN 2070-AB27
EPA ID: [EPA-HQ-OPPT-2008-0251; FRL-8438-5]
NOTICE: RULES
DOCID: fr06no09-9
ACTION: Hazardous Waste Management System:
DOCUMENT ACTION: Final rule; technical amendment.
SUBJECT CATEGORY:
Significant New Use Rules on Certain Chemical Substances; Technical Amendment
DATES: This final rule is effective November 6, 2009.
DOCUMENT SUMMARY:
In the Federal Register of November 5, 2008 (73 FR 65743) (FRL83713), EPA issued direct final significant new use rules (SNURs) for 56 chemical substances which were the subject of premanufacture notices (PMNs). For the chemical substance identified as Oxetane, 3,3' [oxybis(methylene)] bis[3ethyl (PMN P03471; CAS No. 18934004), the citation at Sec. 721.10095(a)(2)(ii) incorrectly identified one of the hazard communication program requirements. This action corrects the final regulation.
SUMMARY:
Significant New Use Rules on Certain Chemical Substances; Technical Amendment
SUPPLEMENTAL INFORMATION
I. Does this Action Apply to Me?
The Agency included in the direct final rule a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.
II. What Does this Technical Amendment Do?
In the Federal Register of November 5, 2008 (73 FR 65743), EPA
issued a direct final SNUR for the chemical substance identified as
Oxetane, 3,3'[oxybis(methylene)] bis[3ethyl (PMN P03471; CAS No. 18934004) in accordance with the procedures at Sec.
721.160(c)(3)(i). For this substance, the citation at Sec.
721.10095(a)(2)(ii) incorrectly identified one of the hazard
communication program requirements. This technical amendment corrects
the hazard communication requirement under Sec. 721.72 from (g)(1)(v) to (g)(1)(vi).
III. Why is this Technical Amendment Issued as a Final Rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable,
[[Page 57425]]
unnecessary or contrary to the public interest, the Agency may issue a
final rule without providing notice and an opportunity for public
comment. EPA has determined that there is good cause for making today's
technical amendment final without prior proposal and opportunity for
comment, because this rule does not impose any new requirements. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).
IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action?
This rule does not impose any new requirements. As such, the Agency has determined that this rule will not have any adverse impacts, economic or otherwise.
The Office of Management and Budget (OMB) has exempted these types of regulatory actions from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). This rule does not contain any information collections subject to approval under the Paperwork Reduction Act (PRA), (44 U.S.C. 3501 et seq.). The Agency certifies pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that this rule will not have a significant economic impact on a substantial number of small entities.
For the same reasons, this action does not require any action under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 1044). This rule has neither Federalism implications, because it will not have substantial direct effects on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999)., nor tribal implications, because it will not have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000).
This action is not subject to Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined under Executive Order 12866, and it does not address environmental health or safety risks disproportionately affecting children. It is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use. Because this action does not involve any technical standards, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104113 section 12(d) (15 U.S.C. 272 note), does not apply to this action. This action does not involve special considerations of environmental justice related issues as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (59 FR 7629, February 16, 1994).
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.
Dated: October 26, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics. Therefore, 40 CFR part 721 is amended as follows:
PART 721[AMENDED]
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
2. In Sec. 721.10095, by amending paragraph (a)(2)(ii) to read as follows:
Sec. 721.10095 Oxetane, 3.3'[oxybis(methylene)] bis[3ethyl. (a) * * *
(2) * * *
(ii) Hazard communication program. Requirements as specified in
Sec. 721.72 (a), (b), (c), (d), (e), (f), (g)(1)(iv), (g)(1)(vi), and (g)(2)(v).
* * * * *
[FR Doc. E926824 Filed 11509; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001; telephone number: (202) 5541404; email address: TSCA Hotline@epa.gov.
For technical information contact: Abeer Hashem, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: (202) 5641117; email address: hashem.abeer@epa.gov.